Community Associations

Property managers are often tasked with leading a board or member meeting. These tips will help to keep the meeting on track and productive. Before doing anything else in preparation for the meeting — double check compliance with notice requirements. No notice = no meeting.

Prior Planning Prevents Poor Performance – “The Five ‘P’s”

Preparation is the key to a successful meeting. Determine what type of meeting will be held – that is, a board or member meeting. Create a clear and concise agenda. Remind the board that it is your role to keep the meeting on track. Organization helps to start things off right and keep the meeting on the right track.

Continue Reading Tips to Help Property Managers Effectively Manage Meetings

The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted.

Some of these changes are minor and most community associations will have no difficulty adapting to them. Other changes will result in increased costs to pool vendors, which may be passed onto the association. A few of these new requirements will require substantial unexpected and unbudgeted costs to associations. There may even be some confusion regarding who is obligated to comply with the Bathing Code.

All New Jersey Community Associations Must Comply With the Bathing Code

One may think that the Public Recreational Bathing Code would not apply to private community association pools. However, community association swimming pools, wading pools, and hot tubs/spas are considered public recreational bathing facilities as long as they are used by three or more dwelling units. Even though the general public cannot use these facilities, they must be operated in compliance with the Bathing Code.

Continue Reading Recent Changes to New Jersey’s Public Recreational Bathing Facility Code Will Impact All Community Associations

On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). PREDFDA governs homeowners associations, condominium associations, and co-ops. The new PREDFDA provisions apply to trustee elections and certain by-laws amendment procedures. They also permit an association’s board of trustees to amend the association’s by-laws without a vote of the unit owners. This may be very helpful to an association that needs by-laws amendments to operate more efficiently but cannot get apathetic unit owners to vote. There are two circumstances in which a community association board may amend the by-laws without the majority vote or procedures required by the by-laws: Continue Reading A Board of Trustees May Now Amend the By-Laws Without a Vote of the Unit Owners

On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections, it also includes provisions relating to amendments of the by-laws which will apply to all community associations. Here is what you should know about these by-laws amendment provisions which are effective immediately: Continue Reading New By-Laws Amendment Procedures Mandated by PREDFDA

On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While primarily governing the development of community associations (homeowners associations, condominium associations, and co-ops) PREDFDA also has many requirements relating to their operation and governance. The new amendments to PREDFDA were created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections. However, the amendments will also apply to community associations which do have by-laws with seemingly-sufficient election procedures, and that may be a surprise to many community association board members and managers. A few of these important provisions which relate to board elections are summarized below. Continue Reading New Trustee Election Procedures Mandated by PREDFDA

The recently enacted Radburn statute changes how Community Association elections are conducted in New Jersey, impacting thousands of common interest communities. Community Associations in New Jersey must comply with the Radburn statute and potentially revise their voting systems and update their policies and procedures to comply with relevant law.

A key section in the Radburn statute provides that Community Associations shall not prevent electronic voting where the Community Association Board authorizes electronic voting and an Association member (or voting-eligible tenant) consents to voting electronically. Thus, while the Radburn statute allows electronic voting, implementing an electronic voting system requires the approval and authorization of the Association Board and the individual homeowner’s consent.

Continue Reading Should Your Community Association Be Concerned About Voter Fraud?

Community Association Board of Directors Powers:

As is well understood, Community Association Boards are elected to manage the property, affairs, and business of the Association. The Board has the power to enforce obligations of the unit owners and do what is necessary and proper for the management of the community. This includes enforcing the Association’s Governing Documents. If a violation occurs, the Board generally has the power to assess penalties.

Typical violations concern parking issues, storage of property in common areas, failure to comply with fireplace and dryer vent cleaning requirements, violation of pet restrictions, and similar issues.

Continue Reading Addressing Harassment Issues in Community Associations

Governor Chris Christie recently signed a bill that changes how elections in Fair Lawn’s Radburn neighborhood are run — which will impact the approximately 7,000 common interest communities in New Jersey. The so-called “Radburn Bill” changes how residents are elected to Radburn’s board of trustees.

Radburn is one of the oldest planned real estate developments (PREDs) in the United States. There are approximately 3,100 people residing in Radburn. The development includes 469 single-family homes, 48 townhouses, 30 two-family houses and a 93-unit apartment complex. Radburn was created in 1929 as a “Town for the Motor Age,” and includes 18 acres of parks, a shopping plaza, and an elementary school. In Radburn, founders attempted to create a self-sufficient community.

Continue Reading Are Free Elections Guaranteed in New Jersey’s Planned Communities?

On June 6, 2017, the New Jersey Appellate Division ruled that a foreclosing mortgagee is not liable for unpaid condominium maintenance fees simply because it winterized the unit and changed the locks.

In the published decision Woodlands Community Association Inc. v. Mitchell, the Appellate Division reversed a trial court verdict in favor of the condominium association. The three-judge panel went onto offer guidance as to what specifically constitutes a “mortgagee in possession” of a property, a determination the judges noted required a case-by-case approach.

Continue Reading Condominium Association Cannot Collect Unpaid Fees from Lender’s Assignee

Drones are the latest craze to hit the market and chances are someone in your community has a drone, or your community deals with a vendor that uses drones. Drones are small, unmanned aircraft that respond to the commands of a remote operator or follow a pre-programmed trajectory. They are technically known as “unmanned aerial vehicles” or “UAVs”. Initially developed by the military, drones are now available to the general public and are used by many businesses and individuals alike. drone in sky As drone technology develops and evolves, it is important for your Community Association’s rules to develop and evolve to protect the health, safety and welfare of residents. Continue Reading Can Community Associations Regulate the Use of Drones?